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2/3 vote to abolish by laws


Guest Carol

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Our HOA meeting this week presented agenda for vote for new officers. However according to by-laws the nominees must be advised to the membership in a newsletter or in some form at least 7 days prioer to meeting. Neither was done. When we requested Point of Order one of the board members invoked what they claimed was a robert rule of order saying by 2/3 vote the by-laws were abolished and demanded the nominees by accepted by acclamation. Is this true?

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Our HOA meeting this week presented agenda for vote for new officers. However according to by-laws the nominees must be advised to the membership in a newsletter or in some form at least 7 days prioer to meeting. Neither was done. When we requested Point of Order one of the board members invoked what they claimed was a robert rule of order saying by 2/3 vote the by-laws were abolished and demanded the nominees by accepted by acclamation. Is this true?

Of course not, Ask him to show you the rule. I'll bet he doesn't even have a copy of RONR, let alone having read it.

Not to mention that, at a meeting of the association, a board member has no special status.

And, if the bylaws were really abolished, you wouldn't have any board members or, for that matter, any members.

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Perhaps they said or meant "suspended" instead of "abolished." If so, they are partially correct, in that Robert's Rules allow for bylaws in the nature of rules of order to be suspended by a two thirds vote. But not if the rule would violate rights of absentees, which this would, so this particular bylaw could not be suspended.

Even if it could be, the assembly would have to support the suspension by a two thirds vote; it wouldn't be suspended by the demand of some member, whether an officer or board member or neither.

And he "demanded the nominees by accepted by acclamation"? No basis for that in Robert's Rules of Order.

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